Zoning Board of Appeals 11-1997( Ill' 01'
MUSKEGO.11
May 28, 1997
Mr. Steven Brauch
S69 W16706 Martin Drive
Muskego, WI 53150
RE: Appeal #11-97
Dear Mr. Brauch:
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, Plan Director
(414) 679-4136
The Board of Appeals wishes to advise that your appeal from Section
4.05 (2) C.4, Accessory Structures was granted as submitted.
And your appeal from Chapter XI, Section 30.43 (3) (c) Garages:
General Requirements was granted as submitted.
Please be advised a building permit is required prior to commencing
construction on your property.
Should you have any questions, please contact Carlos Trejo at
679-5674.
Sincerely,
Susan J. roeder
Recording Secretary
W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
Appeal #11-97
Steven B. Brauch
S69 W 16706 Martin Drive
Muskego, W1 53I50
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (1) variances:
1. Chapter 17 Zoning Ordinance: Section 4.05 (2) CA Accessory Structures: Permanent Structures. Said regulation
restricts the square footage of total outbuildings to 60% of the floor area of the principal outbuilding on the Iot.
Petitioner seeks a 113% variance to build an accessory structure totaling 173% of the floor area of the principle
building on the Iot,
And
REQUESTING: Under the direction of Section 30.09 (4) Inspections, Petitioner aggrived by decision of Building
Inspector:
1. Chapter 30—Buildina Code: Chapter XI, Section 30.43 (3) ( c ) Garages: General Requirements. Said regulation
restricts the interior area of a wood framed accessory structure to 720 square feet. Petitioner seeks a 112 square foot
variance to permit a 832 square foot accessory structure without a dividing firewall.
Zoned: RS-1, Suburban Residence District
DECISION OF THE BOARD OF APPEALS
Motion to grant the 60% rule and motion to approved appellant's administrative decision
regarding zoning sets interior area of a wood framed accessory structure.
Approved
Chairman O'Neil
Approved
Vice Chairman Brandt
Denied
Approved
Member Schepp
Approved
Member Schneiker
Absent
Member Schuester (1' Alt.)
Excused
Member Ross (2°d Alt.)
Appeal # 11-97 Steven B. Brauch, S69 W16706 Martin Drive
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variances: 1. Chapter
17--Zoning Ordinance: Section 4.05 (2) C.4 Accessory Structures:
Permanent Structures. Said regulation restricts the square
footage of total outbuildings to 60% of the floor area of the
principal building on the lot. Petitioner seeks a 113% variance
to a build an accessory structure totaling 173% of the floor area
of the principal building on the lot. 2. Chapter 30--Building
Code: Chapter XI, Section 30.43 (3) (c) Garages: General
Requirements. Said regulation restricts the interior area of a
wood framed accessory structure to 720 square feet. Petitioner
seeks a 112 square foot variance to permit a 832 square foot
accessory structure without a dividing firewall. Zoned: RS-1,
Suburban Residence District. This zoning calls for home to be a
minimum of 1600 square feet.
Board member James Ross excused himself from hearing his appeal.
Mr. Brauch wrote a letter to the Board challenging the April 24th
minutes, the Board decided the minutes were correct as submitted.
Mr. Brauch stated his intentions are to build a new home within
the next 10 years as well as divide property into two lots.
Also, if a firewall were to be installed, he would not be able to
store his two handicapped vans, motorcycle with sidecar, lawn
equipment nor snowblower.
Mr. Trejo stated staff has serious concerns regarding the need
for a garage 832 square feet, most residential garages are
between 500-600 square feet. Mr. Brauch is looking for a
variance of 173%, he does have the option to attach the garage to
his home, add square footage to his current residence or reduce
the size of his request. Mr. Brauch questioned the total square
footage of his home and the method of measurement used by the
Plan Department.
NEW BUSINESS
Appeal #12-97 Gary Badura, S105 W20676 Valerie Drive REQUESTING:
Under the direction of Section 3.08 (1) Appeal Provisions,
Petitioner seeks one (1) variance: 1. Chapter 17--Zoning
Ordinance: Section 5.03 Height. Said regulation limits the
height of any primary structure to 30 feet from grade at entry to
peak of roof. Petitioner seeks a 2.4 foot variance to build a
new residence 32.4 feet high. Zoned: RS-1, Suburban Residence
District.
Mr. Brandt administered an oath to Mr. and Mrs. Gary Burda and
Mr. Bob Raymond the builder. Mr. Raymond stated in both Franklin
and New Berlin homes are being built at 35 feet height. The roof
is to be a 10-12 pitch with 9 foot ceilings on the first floor.
There is already a home on Churchill Court that was granted a
height variance.
Appeal #10-97 Mr. James Ross did not participate on the
discussion nor the vote. Mr. Dan Schepp made a motion to deny
the first appeal due to lack of hardship and to approve the
second appeal, height, due to the fact that entry level is an
interpretation. Mr. Mike Brandt seconded. Upon roll call vote
the motion passed 5-0.
Appeal #11-97 Mr. James Ross did not participate on the
discussion nor the vote. Mr. Dan Schepp made a motion to grant
variance to 60% rule and motion to approve appellant's
administrative decision regarding zoning Mr. Mike Brandt
seconded, upon roll call vote, motion passed 4-1, with Mr. Herda
voting nay.
Appeal #12-97 Mr. Dan Schepp made the motion to deny variance
due to the fact it is vacant land and the request is
self-imposed. The Board feels they should uphold the Fire
Department's stand on this issue. Mr. Ed Herda seconded. Upon
roll call vote, motion to deny was passed 3-2. Mr. O'Neil and
Mr. Schneiker voting to grant the variance. Mr. James Ross's
vote was not called, due to the fact there was a quorum.
Appeal #14-97 Mr. Dan Schepp made a motion to grant a variance
as submitted due to safety and circumvent liability with having
the access in the back. Mr. Henry Schneiker seconded. Upon roll
call vote, motion passed 4-1, with Mr. Herda voting nay. Mr.
James Ross's vote was not called, due to the fact there was a
quorum.
Appeal #15-97 Mr. Ed Herda made a motion to accept the first
portion #1 as submitted, hardship being pre-existng shape of the
nonconforming lot. Mr. Mike Brandt seconded. Upon roll call
vote, motion was denied 5-0. Mr. James Ross's vote was not
called, due to the fact there was a quorum.
Mr. Ed Herda made a motion to accept the appeal #2 as submitted,
hardship being preexisting shape of the nonconforming lot. Mr.
Mike Brandt seconded, upon roll call vote, motion was denied 5-0.
Mr. James Ross's vote was not called, due to the fact there was a
quorum.
Appeal #16-97 Mr. Ed Herda made the motion to accept as
submitted. Mr. James Ross seconded. Hardship being handicap
accessibility. Upon roll call vote, motion denied.
Mr. James Ross made a motion to request to have appellant return
to the Board of Appeals within 60 days with appropriate
information regarding FloodPlain map. Mr. Henry Schneiker
seconded, upon roll call vote, motion carried.
MISCELLANEOUS BUSINESS
Page 2
2. Appeal #10-97
Ronald P. and Joanne L. Knox
W 180 S6807 Muskcgo Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two
(2) variances:
1. Chapter 17—ZonlnQ Ordinance: Section 5.02 (3) Building Location: Offsets. Said
regulation requires a minimum five (5) foot offset from the northern property line. Petitioner
seeks a 1.5 foot variance to build an addition 3.5 feet from the northern property line.
2. Chapter 17--Zoning Ordinance. Section 5.03 Height. Said regulation limits the height of an
accessory structure to fifteen (15) feet from grade at entry to peak of roof. Petitioner seeks a 4.3
foot variance to build a gazebo 19.3 feet high.
Zoned: RS-3/OLS, Suburban Residence District with a Lake Shore Overlay
3. Appeal # 11-97
Steven B. Brauch
S69 W 16706 Martin Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks two
(2) variances:
1. Chapter 17--Zoning Ordinance: Section 4.05 (2) CA Accessory Structures: Permanent
Structures. Said regulation restricts the square footage of total outbuildings to 60% of the floor
area of the principal building on the lot. Petitioner seeks a l 13% variance to a build an accessory
structure totaling 173% of the floor area of the principal building on the lot.
2. Chapter 30--Building Code: Chapter XI, Section 30.43 (3) (c) Garages: General
Requirements. Said regulation restricts the interior area of a wood framed accessory structure to
720 square feet. Petitioner seeks a 112 square foot variance to permit a 832 square foot accessory
structure without a dividing firewall.
Zoned: RS-1, Suburban Residence District.
6. NEW BUSINESS
Appeal #12-97
Gary Badura
S105 W20676 Valerie Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks one (I )
variance:
CITY of
MUSKEGO
May 2, 1997
Mr. Steven Brauch
S69 W16706 Martin Drive
Muskego, WI 53150
RE: Denial of Building Permit.
Dear Mr. Brauch,
BUILDING DEPARTMENT
Chuck D. Dykstra, Sr., Director
(414) 679-4145
Inspection Requests (414) 679-4110
Your request for a building permit to construct a 832 square foot non-commercial accessory building has
been denied for the following reasons:
1. Building Code, Section #30.43 (3)(c.), prohibits wood frame non-commercial accessory structures
from exceeding 720 square feet in size. Your proposal for a 832 square foot non-commercial
accessory structure exceeds the permitted 720 square feet and therefore cannot be approved.
Muskego Municipal Code, Section #30.09 (4.), provides that any person feeling aggrieved by any order
or ruling of the Building Inspector may appeal from such ruling to the Board of Appeals within twenty (20)
days after written notice (date of this letter) of such ruling has been delivered. Such appeal is to be made
in writing, on forms provided by the Planning Department, setting forth the order appealed from, and the
respects in which said person feeling aggrieved claims said order or ruling is erroneous or illegal.
Direct any questions you may have in this regard to Cantos Trejo at 679-5674.
Sincerely, /
Chuck D. Dykstra Sr.
Director Building Inspection Department
GC'. Mayor David DeAngelis
Planning Director Matthew Sadowski
Planning Dept Staff Carlos Trejo
Alderman Donald Pionek
CD-h:lcdlboa 1197
W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5618
Steven P. Brauch
S.69 W.16706 Martin Dr.
Muskego, Wi, 53150
To: The Planning Department and
The Board of Appeals of
The City of Muskego
I will be out of the City on May 15, 1997 and
will not be able to attend the special Board
of Appeals meeting; therefore I request that
you reschedule my appeal #11-97 until the May
22, 1997 Board of Appeals Meeting.
Respectfully
Steven P. Brauch
5.69 W.16706 Martin Dr.
Muskego, Wi. 53150
To: The Board of Appeals of
The City of Muskego
I obtained a draft copy of the Minutes of the April 24, 1997
Board of Appeals Meeting. These minutes are not correct. The
last paragraph under Appeal # 11-97 states:
Mrs. Hofrichter is concerned that a garage of this size would
affect the sale of her home this summer. On the advice of her
attorney, she is objecting to the oversize structure being built.
Mr. O'Neil stated there would be 200 feet from the property line
of her residence.
Mrs. Hofrichter was appearing to find out what the facts were
regarding the requested variance and to express her concern that
a garage would not affect the impending sale of her home. She
was not "Objecting" to the .structure or the size of the
structure.
Respectfully
.XJ
6/,, /<? 7
To: The Board of Appeals for The City Of Muskego
I need an adequately sized garage built on my property this year.
Please do not think that this is presumptuous of rue to make so bold of
a statement. Let me explain.
As a brief review, I have a very small home situated on a 60,000
sq. ft. lot with NO other buildings. No garage, no shed, nothing
other than my 2 story 20ft. by 24ft. house.
One of the definitions of need from the dictionary is --need:
necessity arising from the circumstances of a case. The circumstances
in my case .involve my inability to get around which is multiplied many
fold during the winter months by snow, ice and bad weather. During
this past winter I was unfortunate on several occasions since I fell
while trying to prepare my vehicle and driveway so that I could get to
work. For some parking outside might not be a hardship but for me it
is.
Yes the zoning code would allow me to construct a 288 sq st.
garage without a variance; however, this would not be adequate since
my handicapped sized van just by itself covers 160 sq. ft.. This does
not cover space for opening the doors, nor space for moving around the
van. In addition I have to have storage space for my snow blower and
a riding mower in this same structure. These items are necessities
for me.
You may ask why not build an attached garage which would not
require a variance. The reasons are two fold. First is money, I know
in this instance money is not deemed a hardship; but, if I have to
build an attached garage the cost would go up approximately 25* to pay
for the full foundation and fire wall between the two structures.
This extra cost would delay construction by one or possibly two years,
and quite frankly I do not want to go thru another winter or two
without a garage.
The second reason for not wanting to build an attached garage is
that my house is located back in one corner of my property. An
attached garage will prevent my future desires from being realized.
These desires are that after building my needed garage this year I
hopefully will be able to expand my present home in the near future.
With my long range plan being to build a nice home in a centralized
location on my corner lot. This will be financed by selling the
eastern half of my existing lot sometime in the distent future.
In the last Board of Appeals Meeting I attended, I heard Attorney
Eric Larson state that one of the three conditions requited in order
to issue a variance is HARDSHIP. I understood him to say that this is
a condition where if the owner could not use the property - this was a
hardship. I don't agree, this is to strict of a definition, since
hardship for me and ANYONE ELSE WITH A SIMILAR HANDICAP is not having
an adequately sized garage.
I Thank you for your attention.
Sincerely,
CITY OF
MUSKEGO
May 2, 1997
Mr. Steven Brauch
S69 W16706 Martin Drive
Muskego, WI 53150
RE: Denial of Building Permit.
Dear Mr. Brauch,
BUILDING DEPARTMENT
Chuck D. Dykstra, Sr., Director
(414) 679-4145
Inspection Requests (414) 679-4110
Your request for a building permit to construct a 832 square foot non-commercial accessory building has
been denied for the following reasons:
1. Building Code, Section #30.43 (3.)(c.), prohibits wood frame non-commercial accessory structures
from exceeding 720 square feet in size. Your proposal for a 832 square foot non-commercial
accessory structure exceeds the permitted 720 square feet and therefore cannot be approved.
Muskego Municipal Code, Section #30.09 (4.), provides that any person feeling aggrieved by any order
or ruling of the Building Inspector may appeal from such ruling to the Board of Appeals within twenty (20)
days after written notice (date of this letter) of such ruling has been delivered. Such appeal is to be made
in writing, on forms provided by the Planning Department, setting forth the order appealed from, and the
respects in which said person feeling aggrieved claims said order or ruling is erroneous or illegal.
Direct any questions you may have in this regard to Carlos Trejo at 679-5674.
Sincerely, /
Chuck D. Dykstra Sr.
Director Building Inspection Department
cc: Mayor David DeAngelis
Planning Director Matthew Sadowski
Planning Dept Staff Carlos Trejo
Alderman Donald Pionek
CD-h:lcdlboa 1197
W182 S8200 Racine Avenue 9 Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5618
yAh CITY OF
MUSKEGO
May 1, 1997
Steven B. Brauch
S69 W 16706 Martin Drive
Muskego, WI 53150
DEPARTMENT OF CITY PLANNING
Matthew G. Sadowski, AICP
Director of Planning
(414) 679-4136
RE: RESCHEDULED BOARD OF APPEALS MEETING
Dear Mr. and Mrs. Brauch,
A special meeting of the Board of Appeals has been rescheduled for 7:00 PM, Thursday,
May 15, 1997, in the Wisconsin Room. The Wisconsin Room is located directly across
from the Muskego Room, the location of the last meeting.
Should the time be inconvenient or if you have decided to withdraw your appeal, please let
me know no latter than May 10 and appeal cost will be refunded. Should you have any
question, please contact me at 679-5674.
Sincerely,
I
Carlos Trejo
Planning and Zoning Assistant
W182 S8200 Racine Avenue 9 Box 903 -@ Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614
BOA 05/15/97
Page 2
minimum ceiling height of seven (7) feet six (6)
inches. Petitioner seeks a seven (7) foot ceiling space
in a habitable basement space.
Zoned: RS-3/OLS, Residential Suburban District with a
Lake Shore Overlay.
Appeal # 10-97
Ronald P. and Joanne L. Knox
W180 56807 Muskego Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variance:
1. Chapter 17--Zoning Ordinance: Section 5.02 (3)
Building Location: Offsets. Said regulation requires a
minimum five (5) foot offset from the northern property
line. Petitioner seeks a 1.5 foot variance to build an
addition 3.5 feet from the northern property line.
2. Chapter 17--Zoning Ordinance: Section 5.03 Height.
Said regulation limits the height of an accessory
structure to fifteen (15) feet from grade at entry to
peak of roof. Petitioner seeks a 4.3 foot variance to
build a gazebo 19.3 feet high.
Zoned: RS-3/OLS, Residential Suburban District with a
Lake Shore Overlay.
Appeal # 11-97
Steven B. Brauch
S69 W16706 Martin Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 17--Zoning Ordinance: Section 4.05 (2) C.4
Accessory Structures: Permanent Structures. Said
regulation restricts the square footage of total
outbuildings to 60% of the floor area of the principal
building on the lot. Petitioner seeks a 113% variance
to a build an accessory structure totaling 173% of the
floor area of the principal building on the lot.
2. Chapter 30--BuildingCode: Chapter XI, Section 30.43
(3) (c) Garages: General Requirements. Said regulation
restricts the interior area of a wood framed accessory
structure to 720 square feet. Petitioner seeks a 112
square foot variance to permit a 832 square foot
accessory structure without a dividing firewall.
Zoned: RS-1, Suburban Residence District.
regulation limits the height of an accessory structure to fifteen
(15) feet from grade at entry to peak of roof. Petitioner seeks a
4.3 foot variance to build a gazebo 19.3 feet high. Zoned:
RS-3/OLS, Residential Suburban District with a Lake Shore Overlay.
Mr. Jim Ross stepped down on this appeal.
Mr. Brandt administered an oath to Mr. Knox. Mr. Trejo described
the zoning of the lot. Mr. Knox stated he plans of building a
gazebo on top of an extension to an existing deck as this is the
only location available. If it were built on the ground, it would
be located in the middle of the of the existing deck stairs. Also
there is a tree that the existing deck is built around, this
cannot be moved, and also the view would be lost.
Mr. Trejo explained the grade is measured from the grade of
entry. In this case, Mr. Knox has place the gazebo on top of a
raised deck. In order to apply the ordinance fairly to all
property owners, the grade is measured from ground grade, not at
the point of entry. Mr. Knox stated this structure would still be
lower than the highest point of the house and lower than the
neighbor's house. Mr. Knox has a letter from the neighbor
granting his approval.
Mr. Trejo questioned the hardship applicable to both the offset
and height. Mr. Knox stated the deck would need to be
reconfigured and the loss of the view.
Appeal # 11-97, Steven B. Brauch, S69 W16706 Martin Drive
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variances: 1. Chapter
17--Zoning ordinance: Section 4.05 (2) C.4 Accessory Structures:
Permanent Structures. Said regulation restricts the square
footage of total outbuildings to 60% of the floor area of the
principal building on the lot. Petitioner seeks a 113% variance
to a build an accessory structure totaling 173% of the floor area
of the principal building on the lot. 2. Chapter 30--Building
Code: Chapter XI, Section 30.43 (3) (c) Garages: General
Requirements. Said regulation restricts the interior area of a
wood framed accessory structure to 720 square feet. Petitioner
seeks a 112 square foot variance to permit a 832 square foot
accessory structure without a dividing firewall. Zoned: RS-1,
Suburban Residence District.
Mr. Jim Ross stepped down on this appeal.
Chairman O'Neil stated the Board would only hear the first half of
this appeal, the portion regarding the zoning for an accessory
structure.
Mr. Brandt swore in Steven Brauch, Paul Brauch and Edith
Hofrichter.
Mr. Trejo stated the residence on this property has a foot print
of 480 square feet not the 1600 square feet allowed by this zoning
area. Mr. Brauch is requesting a 26' by 32' garage to park his
handicap accessible van and place storage in. Mr. Brauch does not
wish to attach the garage to his home as that would restrict
future expansion of his residence. Mr. Brauch stated he plans in
the future also to divide his lot which further limits the
expansion of his residence.
Mrs. Hofrichter is concerned that a garage of this size would
affect the sale of her home this summer. On the advice of her
attorney, she is objecting to the oversize structure being built.
Mr. O'Neil stated there would be 200 feet from the property line
to her residence.
DELIBERATIONS
Mr. Trejo stated, that prior to the deliberations of today's
appeals, Attorney Eric Larson, from Arnez, Molter, Macy & Riffle,
the City's contracted attorneys, would speak in regards hardship
and variance standards. Mr. Brandt made a motion to allow Attorney
Larson to speak regarding variance standards, Mr. Ross seconded.
Upon roll call vote, the motion carried 5-1, Mr. Herda voting nay.
Attorney Larson discussed the three statutory standards required
to issue a variance: I. Unnecessary Hardship, where the absence
of a variance, an owner can make no feasible use of a property.
2. Unique property Limitation, unique physical characteristics of
the property, not the desires of or conditions personal to the
applicant, must prevent the applicant from developing in
compliance with the zoning ordinance. 3. Protection of the
Public Interest, granting of a variance must not harm the public
interest. Attorney Larson went further to explain financial
limitations and self-imposed hardships are not to be taken into
consideration.
APPEAL #7-94
Mr. Brandt made a motion to deny Appeal #7-97, due to the lack of
hardship. Ms. Schuster seconded. Roll call vote was taken after
a short discuss. Motion carried 3-2, with Brandt and Herda voting
nay, and Mr. Ross's vote not counting as he is second alternate.
APPEAL #8-97 *Deferred*
APPEAL #9-97 *Deferred*
APPEAL #10-97 Mr. Schneiker made a motion to defer Appeal #10 and
Appeal #11 until the Board of Appeals receives direction from
counsel. Mr. Brandt seconded. Upon roll call vote, motion
carried unanimously.
APPEAL #11-97 *Deferred with Appeal #10-97*
BOA 04/24/97
Page 3
line. Petitioner seeks a 1.5 foot variance to build an
addition 3.5 feet from the northern property line.
2. Chapter 17--Zoning Ordinance: Section 5.03 Height.
Said regulation limits the height of an accessory
structure to fifteen (15) feet from grade at entry to
peak of roof. Petitioner seeks a 4.3 foot variance to
build a gazebo 19.3 feet high.
Zoned: RS-3/OLS, Residential Suburban District with a
Lake Shore Overlay.
Appeal # 11-97
Stven B. Brauch
S69 W16706 Martin Drive
Muskego, WI 53150
REQUESTING: Under the direction of Section 3.08 (1)
Appeal Provisions, Petitioner seeks two (2) variances:
1. Chapter 17--Zoning Ordinance: Section 4.05 (2) C.4
Accessory Structures: Permanent Structures. Said
regulation restricts the square footage of total
outbuildings to 60% of the floor area of the principal
building on the lot. Petitioner seeks a 113% variance
to a build an accessory structure totaling 173% of the
floor area of the principal building on the lot.
2. Chapter 30--Building Code: Chapter XI, Section 30.43
(3) (c) Garages: General Requirements. Said regulation
restricts the interior area of a wood framed accessory
structure to 720 square feet. Petitioner seeks a 112
square foot variance to permit a 832 square foot
accessory structure without a dividing firewall.
Zoned: RS-1, Suburban Residence District.
7. Miscellaneous Business.
None
NOTICE OF CLOSED SESSION:
PLEASE TAKE NOTICE that the Board of Appeals of the City of
Muskego may convene, upon passage of the proper motion, into
closed session pursuant to Section 19.85 (1) (a) of the State
Statutes for the purpose of deliberating concerning cases which
were the subject of a quasi-judicial hearing; said cases being the
above listed appeals.
The Board of Appeals will then reconvene into open session.
Detailed descriptions are available for public inspection at the
BOA 05/23/96
Page 2
Mike Brandt made a motion to amend Appeal #08-97 to appeal an
Administrative ruling, not a building code appeal. Henry Schneiker
seconded, upon roll call vote, motion to amend was carried.
A letter was read from the Building Inspection Department Director
outlining the denial to construct a 1008 square foot non-commercial
accessory structure with a dirt floor and without a firewall.
Mike Brandt swore in William and Jeannie Deering.
The Board members question how many acres are required to allow for
a agricultural building. 35 acres are required to build an ag
building. On RCE zoning one horse is allowed for every 2.75 acres.
The Board members questioned the reasoning behind allowing RCE
zoning to have horses, but not allowing an ag type building. They
also questioned the ability to have a Conditional Use applied to
these properties with horse.
Mrs. Deering stated neighboring communities allow for accessory
buildings without concrete floors for livestock. Mrs. Deering read
a letter from a horse trainer stating concrete floors are
detrimental to the horses.
The Board members directed Mr. Trejo to obtain ordinance from
neighboring communities and forward to the Council. They also
suggested changing the ordinance for Accessory Buildings in a RCE
zoning to allow for housing of livestock.
Appeal # 10-97Ronald P. and Joanne L. Knox, W180 S6807 Muskego
Drive. REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variance: 1. Chapter
17--Zoning Ordinance: Section 5.02 (3) Building Location: Offsets.
Said regulation requires a minimum five (5) foot offset from the
northern property line. Petitioner seeks a 1.5 foot variance to
build an addition 3.5 feet from the northern property line.
2. Chapter 17--Zoning Ordinance: Section 5.03 Height. Said
regulation limits the height of an accessory structure to fifteen
(15) feet from grade at entry to peak of roof. Petitioner seeks a
4.3 foot variance to build a gazebo 19.3 feet high. Zoned:
RS-3/OLS, Residential Suburban District with a Lake Shore Overlay.
Mr. Knox sent a letter requesting to be placed on the May 22, 1997
agenda.
Appeal # 11-97 Steven B. Brauch, S69 W16706 Martin Drive
REQUESTING: Under the direction of Section 3.08 (1) Appeal
Provisions, Petitioner seeks two (2) variances: I. Chapter
17--Zoning Ordinance: Section 4.05 (2) C.4 Accessory Structures:
Permanent Structures. Said regulation restricts the square footage
of total outbuildings to 60% of the floor area of the principal
building on the lot. Petitioner seeks a 113% variance to a build
an accessory structure totaling 173% of the floor area of the
principal building on the lot. 2. Chapter 30--Building Code:
Chapter XI, Section 30.43 (3) (c) Garages: General Requirements.
Said regulation restricts the interior area of a wood framed
accessory structure to 720 square feet. Petitioner seeks a 112
BOA 05/23/96
Page 3
square foot variance to permit a 832 square foot accessory
structure without a dividing firewall. Zoned: RS-1, Suburban
Residence District.
To be placed on the May 22, 1997, agenda.
DELIBERATION
Appeal #9-97 Henry Schneiker made a motion to allow basements to
have a ceiling height of 617" for finished or nonfinished,
habitable and nonhabitable basements. Heather Schuster seconded,
upon roll call vote, motion carried unanimously.
Appeal #8-97 flan Schepp made a motion to refund the Board of
Appeals variance fee to Mr. and Mrs. William Deering and request
Carlos Trejo to pursue an ordinance change to allow an accessory
building to be built to house livestock to be constructed without a
cement floor. Mr. Schneiker seconded, upon roll call vote, motion
carried unanimously.
Appeal #10-97 (Scheduled for May 22, 1997 meeting.)
Appeal #11-97 (Scheduled for May 22, 1997 meeting.)
ADJOURN: Henry Schneiker made a motion to adjourn. Dan Schepp
seconded. With no further business to come before this Board, the
meeting adjourned at 9:45 P.M.
Respectfully sub
mitted,
Susan J. S oeder
Recording Secretary
CITY OF 1 USKEGO
BOARD OF APPEALS
Application for Variance
Applicants Name S•'j C UC N R_.._ BRA UCH k
Subject Property Address: 6'? (,( 1&70& M,49-77T-ty_
Telephone 4A4 — O'F'/o
Property Zoning - Key #M;'KC. �;)_/7/ 2Y7
Petitioner's relationship to property (circle applicable):
owner
Fees: $195.00
lessee other
Date inspector denied permit:
Requesting variance to Section
To allow: Trf d-0NS7-Je0c-=Q" Off= A7D4�7-Act4CI:)
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A literal enforcement of the terms of the above --referenced section
would result in practical difficulty and unnecessary hardship
because: lry4i5 A��dwA�i�� �,88 -d-., STRuc-ru�� wavc,.D nlr�T
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The variance, if granted, will not be contrary to the public
interest and will be in accord with the spirit of the code because:
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The variance, if granted, will not adversely affect public safety
or jeopardize public welfare because:
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